The Sun. — London, England, 1810-04-06 00:00:00

them. - He never should agree to the assertion, that the House had no power to commit any but its. own Members, Every other person is proteaed from such commitment by Magna Char*a—but why shOnld not the Members of that House be , also protected by Magna Charta. No proposition ,ap, geared to him more unfounded cr more fallacious, and he was glad that no person on the present oc ,casion had attempted _to defend it. . There Was cer. tainly much inienuity_in the sPetch of : his - Learned" Friend S,Romill)), but' he was . not convinced by his argument. It was in vain to say that the ; House might abuse its privileges. It should be re collected that all oiscretiongry power was liable to abuse ;. but should the power he takmaivay,merely fr:orn the supposition that it might be obeyed ? - If that were the case, then you would take aWay all power from the Ccurtsof Law. Parliament was the solajudge of its own privileges. This was acknowledged by the soundest lawyers, and therefore they must adhere to the resolutions if the House respected itsown privi leges Whether Iliepublication:was libellous or not, was a, point upon which he had various revolutions of mind. At One time he thought_ it was ; at another he thought it was not, It was competent for every British subject,to examine every question. that came befOre them. They might inquire whether the Crown had that prerogattve.whether Parliament bad that privilege—whether such a.law was riot bad, at dotight to. be repealed. The very question of Parliamentary reform, for example, and the manner in which it has been discussed / proved the existence of such a right. Where then would you limit it ?. As .to the Resolutions before the House, he must say, that for the first time he heard resolutions pro posed without being informed what was the ultimate measure "with . which it was intended to follow them . up. , If next were, agreed to . what w ou ld be the question. Would it be moved that Sir Fiancis -Burdett be committed to custOdy. ? If so, he should oppose that ,motion ; for if the doctrines that had , noW been started were to be adopted, there would be an end to the liberty, of the subject anil the. liberty of the pies 's. The -.CHANaI4O . II of the EXCHEQUER 'briefly controverted the arguments of the last Speaker. He • was surprised ,to hear : him gar, that now for the first time did.he hear resolutions proposed without being informed • what .was the. 'Ultimate - measure with:which they were - to be followect:up.Had , the Right Hon. Gentlethan already forgot „the Resolu • lions, moved by his Noble.. Friend, respeEting the ExFedition to the ,Scheldt ?: Had he forgotten the "Resolutions moved by a Right • Hon.' Friend of his . the very case of Mr.- G. Jones ? • Were. not these Resolutions moved before any `ultim3te Measure was proposed ? Even when' they were carried, did ,pot his Right • Honourable 'Friend, Yorke, leave it to the House to follo4 tip the Resolu . tions with what degree of punishment they thought proper ? The Right Honourable Gentleman 'was the only person who did not consider the publica . - ▪ tion under discussion a libel—he could not bring h• is, mind to decide Whether it was a libel or not. Indeed it oyes not easy to say, after hearing the - Right Hon.. Gentleman's 'speech, what 1 way he would vote..-- , This was rather curious in: 't he,Right Hoo. Xeutieman, who took the lead - among the' Gentlemen opposite to him, • and who. was supposed to, chalk out the line they were to foliA in de _ bate. But an HOD. Gentleman (Mr. Whitbread) proposed that Mr. Jones thould- be released, and 'that the present question should be adjourned to a distant day. - -• Is that the way the House should as-' sett its-privileges and maintain its dignity ? Was it thus it was to spew its justice and impartiality ? Was it to punish Mr. Jones for a minor libel,. and allow Sir Francis-;to pass uncensured a grosser oue ? If they had .acted right in committing Mr. Jones, they would ati wrong in• acquitting Sir F. Burcktt... As to what measure - .should' 'be proposed when the Resolutions were carried, lie Wont: cer tainly- not shrink from declaring. The House would-certainly not a6l a just and impartial part if - they did not, come to the resolution of committing Sir Francis Burdett. Mr. GRATTAN bi'gged the Houseitrould well con s'der what would be the consequences of the pre- Sent discussion. He was sorry the House should go out of its way, and seek in boles and corners lot ques tions of privilege. In such contests viaory.tthist be without glory, but defeat must be attended with shame. When the House . wished to display its power at.d e-..ercise its privileges,it should be by struggling with a Sovereign or a Minister in defence of the rights of the people. Could their dignity be main 7 lained by persecuting a miserable printer ; on 'the contrary,, was not their dignity degraded by enteri ng into. a contest with such antagonists ?" It was the combat of the giant and-the dwarf.,—The g iant in the competition diminishes, and the dwarfrnagni fies. The inequality of the - rower pleaded in fa.: vour of the dwarf. Pity enlists on his ,side, and England raises her shield to encompass and prow l a He sbduld therefore implDre the" ffouse .not to sink•its dignity by erne' og into sitch * contests. They should recolle6t, and be,admoui::lied . by the Case of Wilkes. The House had expelled and 're-' expelled him=—he was again returned ; and, in the end, instead of being crushed,.he was exalted, made _Sheriff, Lord Mayor, and Chanibetlain of-the City of London . . Stich also would be the result of the present Contliel—they would only increase the popu-. larityOrSir F. Burdett, and of every opinion which be chose to propagate. . A protracted discussion ensuqd, intp 7hich at this late hout it is iMp6ssible for us 'to enter: . Blach ford, Lord "William Russell, Lord Milton, Mr. C. Wynne, Lord G:Grenville, &c. suppoited the Re solutions : Mr. M.-Matthew, Mr. Hutchinson, Mr. Curwen, Mr. F. Foley, 'Sir J. Newpori, &c. op- posed them. ' Mr. SHERIDAN askpd the Hon. Mover of the re solutions w hat Ulterior preposition he intended to offer to the Hotise should the resolutions- be adOpted Livrt-paiiDdß replied - ,, that he should leave that to tile, W , isdom of ihe'f-louse. • ' Sir 11. SAILUSEURY deClBl : ed 'that it was•his inten tion to Move that Sir . F. Burdett should be committed to' the . tower.; ' • • '" Mr. SuhkuplAN observed, that in that case, he shoUld feet it his duty i&nioyt• an adjorndient. Mr. 'WILBERFORCE said, that it his Learned Friend, 'Mr. Adam, perseveredpropoging an 4.: amendment to substitute a milder punishment he would support him. Mr. W. POiLE argued the necessity of shetving that the House was not to he intimidated from doing its duty. He should certainly vote for sending the Hon. Baronet to the 'rower. A division then took place on Lord FC4.KSTONWS motion for passing to the Order of the 1.)3y. Stra So . . . . . ... •271 Majority . --- 191 Ayes . . . floes, -tiangers were not re-admitted, but we understood that Sir R. SALUSBURY moved the commitment of Sir FRANCIS BUBDETT to the ToWer ; and'that Mr. SHERIDAN moved the Adjourntheni of the House. After a further debate, of near two hours In length,' the House divided—. • For the Adjournment , . rs 2, Againstiyo • , Majority - - - - - - 3 3 • The original question (for committing Sir FRANCIS to the Tower) was then put and carried. At Eight o'Clock this Morning the House Ad journed. MAILS: AR ivisn— , t Lisbon, i Cadiz, r Dublin, 2 Waterford. tr —2, Waterford. PRICE OF sTocKs THIS DAY AT TWELVE O'CLOCK. Consols ----- - - 684 ' Td E SUN. SOLENI QUIS DICERE FAXSUM AUDEAT ? LONDON, FRIDAY, AI 'RIL 6, 1810. • Last night a debate of great length and import ance took place in the House of Commons, upon the subject of Sir FRANCIS Bortnarr'S Letter,ivhich terminated in a vote for the committal of the' Hon. Baronet to the Tower. The question . discussed Was,of the greatest magnitude, because the 'Safety of the ConstitutiOn depends as much upon the pre • -nervation of the just privilege,s of the House of Commons, as it' dOes upon the maintenance of the rights of any Class of the community. We cenfeSs that we are Astonished to find that those who Have talked loudest . of the increasing power of the Cro - wn, should . also be anxious to deprive The popular Branch of the Legislature of these Privileges which it . his always po:ssesied, and with Out which it could not exist. But it is said, that the House of Commons ought not to be the Judges of it own Pri % ileges. In answer to thisproposition we beg to ask, lithe House of Commons are not to be the Judges of th6r own . Privileges ; who are ? Would the advo cates of the Rights and Liberties of the People, give up to the King or to the House'of lairds, the limiter of determining upon the PrivilegeS of ' the House of Commons ? Would. it be possible for the Honse of Commons to maintain its due weight in the balance of the Constitution, is either of the other branches of the Legislature had the right to define privileges and , - circumscribe its power. We Admit,' that wherever a discretionary poWer is lodged, that power may be abused; but the ingenuity of man could not frame . a Constitution without entrusting a discretionary power, to a certain extent, to some :branch of the Government. Without that power the House of , Commons would/not only be unable to'rnaintairi its own privileges, but it would be unable to defend the rights of the People. 'Upon this point we must refer to the speeches of Mr. PONSONBY, Mr. ADA 4, and Sir J. ANSTRUTHER, all Gentlemen of the high est eminence in their profession, who all differed from Sir S. Rom LLY upon this subject. With reSpect to the libellous tendency of the letter, there appeared'to be very little diversity of opinion in the House. We re gret that any Member of Parliament should so conduct himself as to ca!t for so heavy a punishment- as that which has been it - libeled upon Sir FRANCIS BiranEtr but the House of Commons bad no alternative ; if they had not proceeded as they have done, they would-At once have surrendered their privilege and their dignity. Sir FRANCIS BURDETT was not in the House last night, but his brother, Mr. JONES BURDETT, re mained till the.conclusiOn- of the debate, and then set out for Wimbledon, to. apprise Sir FRANCIS of the event-, having, as we undeistand. previously arranged with the Serjeant at Arms, the time for Sir FRANCIS being taken into custody. Sir FRANCIS had not arrived at the Tower this day at twelve o'clock. It is very currently reported that General ARM STRONG, the American Minister at Paris, finding all his applications, to BUONAPARTE for the restoration of the American property which had. been seized, fruitless, had demanded and obtained his passports. It is also added, that he had purchased a vessel to convey him and his suite to America, there not be ing•sufficient accommodation - for bitn in the John Adams. . , Since writing the above; we have received some inforthation which fully confirms this report. We received this, day one Lisbon, one Cadiz Mail, and German Pap . ers to the 24th ult. Ac counts in the Lisbon' Papers, dated the Inth ult. state that the French Generals send all the Spaniards to France who refuse to take the oath of allegiance to JOSEPH. Thelast accounts received there from' Spain say, that no new attempts have been - made by rbeenemy, but that he was retiring from most of the poSitions he occupied. It is stated in the Badajvz Diaries, that an a6tion had taken pla c e. in Ciudad Real, in which the Spaniards obtained some advantages, and had•been. successful in.a stibsequent aQion with the same van-guard. The same Diaries repeat the report•of the death of VICTOR. '.;." Letters from Elvas of the 14th ult. state, that in that city and its vicinity the English, Portuguese, and Spanish forces amount to .50,000 men, that those of the French in Spanish Eitramaduia amount to about t 2,000, and that the latter were of course in a perilous situation. • An article dated Ayamonte, March 16, says, that 500 French, yho overrun the country of Nubia, and committed the most atrocious crimes, were defeated by the armed peasants between Valverde and Calana. The same article says, that inte,lligence from Cata lonia was of the most satisfactory nature, and that the Citadel of Barcelona had been rescued from the enemy. , An article dated Alen-Tego, March' s ig, says, that fifteen men, beldnging to 4 regiment of horse of the Hanoverian Legion, had deserted from the French ; they declared that the trench army was tired of the Spanish war, arid that desertions would be considerable if they were sure of a kind recep tion. The deserters desired to -enter into the, Bri tish service. It appears in an article dated Badajoz, March 17, : that by a letter from Don C:%111,Os O'DONELL, com manding the second division of the army of the lefr,.: to the Marquis de la ROMANA, that the former bad attacked the French with success, and but slight' loss on.his part. The - Duke,ot AI.BUQUER9.IJE on the 2d ult - en tered upon his functions as Governor of Cadiz. Ac counts from that place of the 20th ult. state, that the people of Andalusia were daily rising against:the French. The Council of Regency . ' on the 17th, Published an Extraofdinary Gazette, announcing that the French had evacuated Ronda, and that IC had since been occupied by the Spaniards under Ge neral GONZALEZ. A Lisbon Paper of the 22d ult. says, that on the sth, NEY marched from Zamora is the direction of Ciudad Rodrigo,' probably with the intention of be .. sieging that place; and threatening,the frontier of Portugal, with from 10 to 12,000 foot, 600 horse, and a large train of artillery; and that on the 14th ult. JUNOT had arrived in Rio . Boco with from' s to 10,000 men, and:had directed his march to Astorga It does not appear, however, that be had advanced as far as Astorga 4 and if the accounts 'which we have received of the amount of the Patriot force in Gallicia be correct, Amor wilt not vennture-to ad vance further into that province with so small a force. Early on Wednesday morning the shop-shutters of Messrs. Griffin and Adams, 76, Strand, : were cut, and property to the amount of above 10601. taken therefrom. Though a man and a dog slept in the shop, the robbery was accomplished without creating any alarm, Thera were 5g causes (out of 155) to try on Satur day morning, at Lancaster. Nineteen prisoners have been found guilty of various crimes. • SMITHFIELD MARKET, Anti'. 6. This day's Market was tolerably well supplied with different kinds of Cattle;, Mutton is cheaper than our last report; Beef, Veal, and Pork, are dearer and the trade for the most part was somewhat flat. The sales in the Hay Market were trifling; Clover obtained last price; Hay and Straw fetched better prices. --The following prices and numbers are an accurate statement -: To sink the 0 ffal_per stone.of Sib. • - Beef 4s. ad. to ss. Bd. Mutton 4s. 6d. to ss. 4d. Veal cs. od. to 7s. 4d. Polk ss. 4d. to 7s„zd. Beasts 850. Sheep 2500.---Calves- So.—Pigs Sou. SMITHFIELD HAYMARKET. Hay 51. os. od. to oh £ss. od. Straw 21, los: od; to 31..85. od. Clover 61. los. od. to 71. tos. CORN-EXCHANGE,. APRIL. 6.—The supply of Wheat this day , is again considerable, .chiefiy this week's foreign arrivals, about 20;000 quarters; sales in' general at rather less price ; Barley with Malt likewie, and in good supply; Pease and Beans of the two kinds continue at little variation the supplies of Oats are somewhat' considerable; and' this article is looted rather cheaper ; Flour heavy sale at late prices. Every Bookseller in the kingdoM is pr may be supplied with the Three Numbers already published of the NEw SERIES •-the popular_ Publication of LA BELLE ASSEMBLER, published on the first clay, cif every month; which, en inspection, .will be found to be the most interesting and valuable PUb lication of the present time, whether it be judged by the interest and importance of its Li , qrary Miscellany,or by the number and value of its splendid and'Very interesting embellishnients. In its progress it will compose a most valuable library of Oegant literature, : with enrichments of a very superior Order; and perfectly adapted for the embellishment and amusement of 'the temale mind. . , LOIWON Prbut4 by RICHARD HA RK is, oz No. 4, m„ t i ett .„ urt, B ow _ strect an d pbbli s h e d by WILLIAM ARMIGE R SCRIPPS, South Moitonestteet, Girrvenor.scluar„ must' tteoddress-d. • ' At the' SoN-OFPics, No. 112, Strand, where ilcivriisements, Orders for the Paper, Letters for the Editor, &c,(post-paia) NAVAL NEWS: BRIXHAM QUAY, ARIL 3.—His Majesty's ship Minerva, Capt. HAWKINS, has captured and sent into Torbay the Hawk, pierced for to guns, but only four on board, from the late of France botin& to the first French port she could make ; she'is with indigo, teas, sugars, cloves, coffee, and china/ and valued at 60,0001. PLYMOUTH, APRIL 4.—Arrived -his Majesty's ship Mali from Surinam ; his Majesty's ship Ha" py,Captain BLARNEY,, from a cruize; the Price' RICHARDS, from Liverpool ; the Fancy; CRuA's► from Jersey; . and the Iris, EpwAßns4rom ,Irelapdt. with provisions for this port, last from Falmouth: Arrived his Majesty's ship Phcenix from the 'Coik . station ; and .a ship transport, frail] Go . A44101' 11 . with French prisoners. PORTSMOUTH, APRIL 5.---`'Vent Out of HarbouT this day, his Majesty's ships Resolute and Eztryaius, to Spithead. Arrived his Majesty's ship - Albicore from ,Guern sey ; and the Brothers, HAMBLer o's, from Sunder" land. . Sailed the Nenturnis fnr Lnntinn His Majesty's ship Farkas is , expected to Sail IL I the morning with the convoy for the Downs. Went Out of Harbour the Charlotte, DAviDsc 4 to Spithead, to-join the'conVoy for Quebec. FA L IgOU T KPR I L 3.--Arrtved the Princess Mary packet, with a mail from Cadiz 'in 12 days' Sailed . the Humber with a convoy to the Eastwar d ' Put back the Devastation-bomb. DEAL, APRIL 5.-IVrrived his -115niesty's,shiP 9 DiElator and Princess Caroline, from Plymon►h•, Came down from the River, the Crescent, Vil a ' Brothers, Collingwood, and Eliza Francis. I SHEERNESS, APRIL 4.—Saile d ; s h'! ) Kangaroo, Capt. BAKER. Came down the River Thames, and. anchored at Great Nore, his Majesty's ship Belvidera, a line ne w frigate lately launched s at Deptford. APRIL 5.--Sailed his Majesty's brig Centinel, with a convoy to Heligoland. Arrived his Majesty's ship Rodney from North -fleet. FROM THE FRENCH PAPERS. IMPERIAL DECREE. ' - Our Imperial Patace of Compeigne, March 11. NAPOLEON, EMPEROR 0? TH-E FRENV, KING °l' jTALY, PROTECTOR OF THE CONFEDERATION 10 TAE RHINE, MED./TOR OF THE SINqS3 CONFB - &C. Wishing to 'mark the epoch of our marriap • by at:s of indulgence and benevolence, we have creed, and decree as follows TITLE I. The individuals detain e d a t th e p u bli cat i on 0 - F t fie anrisi present Decree, by j u d gments o f t h e CorretA‘• . Police, and who having undergone the term of 3` 13- prisonmenr, are still 'retained, or might be detained after the time is ,expired, for the payment of &I or expenses, shall be releas e d f ro t h p ay i ng t he st fine or expense, and sh a ll b e se t at lib ert y at " expiration of the time fixed for their punishrnent.l All -persons detained for f ores t (Helices siw be set at liberty, and all p r o secu ti ons tor su ch °l si_ fences shall cease from the publication of the r e. teat Decree. TITLE 11. Our Ministers of Finance and the Treasury sh all present a Report - upon each of the , individUals de" tamed, or liable to be taken up for debts at the r e " qtusitipn of the agent of the Public Treasury, or re ; ceivers of ptiblic contributions, in order-that wolf: judge who may obtain their ' en l argement or u. - charge from the power of arrest. - . TITLE 111. • n 'All debts due f o r mont h s o f nurs i ng; contrai,e towards the office of nu rses b y parents o f Pal; all d ,the Departments of the Seine, from the 9 111 : to (23#61(itier, 1799, t o th e en d o f M arch, 'lBlO, -- remitted. • TITLE IV. Six thousand retired 'sold - len, having served at least least one campaign, s h a l l -b e married the 22d April !o o girls of their Cornmunes, who s! all have a dO‘V r X, of 1200 fra ncs f rom P ar i s, an d 600 irornl the . of the Empire. TITLE r. Ls(} A free pinion is gr ante d to a ll non commission' • .Officer;; and .soldiers of. our troops by se a and .who were in a slate of desettion . ,, whether they have- been condemned br not, at' the date of till ,Decree. - PA RIS, MARctr 28.—ft appears certain that ,Majestes v‘ ill proceed from Compeigne to St. Clotlg on the 30th.. The 'religion.: ceremony or the WV" riage• of - their_Majesties is. decidedly fixed for Send r the tst of April., The p er s ons w h o are to assist I n •' the.' Procession are to be at St. Cloud at ten in tti'' morning: The King of Holland is gone to Paleitn . ;• to receive the Empress. FRAM lORT , MARC!' 22.—Several papers 1Y that an Archduke of Austria is to-marry time daill"" ter of the. King of Saxony, and obtain a consider.i.fri . ' Sovereignty. . , 4141tk A , t Bruntsfield Links, Edi n b urg h; Lieutenant.Ccdonet (.e: raid, - of chsolas, lo 'Miss D.44 , thea Montagu Alisor, . coiid dan„iiter of the Rev Archbald Alison, .Prehendar Saruin, Szc. and Senior Minister of the Episcopal Cr.i , P c - • 'Edinburgh. 0/11i, On the t7th ult. at St:Bernard's-place, Edinburgh,. 74 , Mrs. Erskine Douglas, widow of the late Di. E! Douglas, of !<. - elhcad. • • '